New Fla. law permits headlight flashing warnings

TALLAHASSEE — Flashing your headlights to alert oncoming drivers that police are lurking on the roadside ahead will no longer be illegal in Florida, though a lawyer who has represented ticketed motorists says a new law legalizing the practice still has loopholes.

A provision legalizing such speed trap warnings is part of a wide-ranging motor vehicle law taking effect Tuesday with the new year. Other changes range from allowing homeless people to get free state identification cards to creating a pair of new specialty license plates. It also would for the first time permit the state to issue specialty driver licenses and ID cards.

Oviedo attorney J. Marcus Jones, who has helped headlight-blinking motorists get their tickets dismissed, said the new law doesn’t go far enough.

“The action of the Legislature in our belief fell short,” Jones said.

By the time the law was passed in March, the Florida Highway Patrol already had ordered state troopers to stop issuing tickets for high-beam flashing after being hit with a lawsuit Jones filed on behalf of Erich Campbell.

The St. Petersburg College student from Land O’ Lakes was cited for violating an existing law that says “flashing lights are prohibited on vehicles” except for turn signals.

The lawsuit contends the Highway Patrol had been misinterpreting that provision in Florida’s traffic code because it was meant only to ban drivers from having strobes or official-looking emergency vehicle lights on their cars and trucks.

To clear up any ambiguity, the new law amends that provision to specifically allow motorists to flash their headlights at an oncoming vehicle regardless of intent.

A Pinellas County judge dismissed Campbell’s $115 ticket, but his lawsuit is in trouble.

Another judge in Tallahassee ruled it’s a moot issue because of the new law. Jones, though, has asked Circuit Judge Kevin Carroll to reconsider because of the loopholes he believes it contains.

Jones said police still can use other sections of Florida’s traffic code to ticket motorists for flashing their headlights. Those provisions include prohibitions against using high beams within 500 feet of an oncoming vehicle or within 300 feet of a vehicle ahead. The new exception for flashing headlights doesn’t apply to those parts of the traffic code, Jones said.

If he can get Judge Carroll to change his mind, Jones then could seek class-action status and try to get refunds for an estimated 2,400 motorists who paid fines for flashing their high beams between 2005 and 2010.

“That would be a tough battle,” Jones said. “We’re trying to determine what to do next.”

The new law also will create additional specialty tags for Vietnam War veterans and those who have won the Combat Infantry Badge.

Florida for years has had dozens of specialty plates to raise money for purposes including scientific research, education and charities.

Now, Florida has a new revenue-raising opportunity through specialty driver licenses and ID cards honoring public and private universities, professional sports teams and all branches of the military. There will be an additional fee of $25, with half going to the Department of Highway Safety and Motor Vehicles and the other half to designated public or private organizations.

The new law also allows the department to use email instead of the U.S. Postal Service to send out driver license renewal notices; creates plates for retired governors and federal and state lawmakers; and repeals a provision that says school buses can go no more than 55 miles an hour even if the speed limit is higher.

It also would prohibit swamp buggies from operating on state roadways unless permitted to do so by local governments and allow golf carts to drive on sidewalks that are at least 5 feet wide alongside state highways.

Two other laws also are going into effect. The Florida Safe Harbor Act is designed to protect and provide shelter for sexually exploited children.

It includes provisions that require police to turn over to the Department of Children and Families any children who are alleged to be sexually exploited or dependent for assessment and possible shelter. The department can then place such a child in a safe house if one is available. The new law also has requirements for safe houses.

Another provision increases civil penalties from $500 to $5,000 for some violations related to prostitution. It directs $4,500 of every fine going to the department to fund safe houses and short-term safe houses. The remaining $500 will go, as it now does, for treatment-based drug court programs.

Another law requires mortgage holders to release mortgage information to record title property owners.

ADVISORY: Users are solely responsible for opinions they post here and for
following agreed-upon rules of civility. Posts and
comments do not reflect the views of this site. Posts and comments are
automatically checked for inappropriate language, but readers might find some
comments offensive or inaccurate. If you believe a comment violates our rules,
click the "Flag as offensive" link below the comment.

When I learned to drive, even the Trooper who administered the test told me that flashing your headlights to warn oncoming traffic about hazards was common courtesy. Whether it was ice on the road, a stray farm animal, a wreck around the next curve, you flashed your lights to alert the next person to come along.
OK, maybe I'm old. But I still believe in warning people that they're about to make hamburger out of that cow around the curve.

down the road ??? there can be no shortage of speeding lawbreakers on our roads,, so it seems petty to go after someone for flashing thier lights ??? i suppose some state troopers are petty enough to do just that & that in my opinion disqualifies them to be representatives of our great state !!! if they can't distinguish between what is the higher priority of crime(speeding vs: headlight flashing) then how can we expect them to use proper judgement in a crisis situation ??? in other words,, if they can't see outside the box,, or are simply annoyed by someone trying to warn another driver to slow down,, then how are they going to act when the criminals get away ??? and headlights that flash are not always bright lights,, one can simply turn on & off,, thier low beams by using the switch,, therefor not being in violation of any assinine law !! it's your word against the troopers & the judge in Tallahassee should side with the motorists... years ago our state troopers were writing fraudulent tickets for speeding knowingly & they were sued & forced to refund the money & points !!! the old K-49 radar gun,, which was affected by the speed of the a/c blower motor.. a house was clocked at 115 m.p.h.,, a tree at 75 m.p.h.,, and an overpass was doing 90 m.p.h. ??? and they knew it !!! your ticket was hinged on the comfort of the trooper... the faster the blower motor was going,, the faster you were driving !!! just imagine the unlucky motorists who weren't speeding & got issued citations for said act... i know how it felt because i got one of these back in 1976 on u.s. 19 in bayonet point as i was stopping for a red light !!! i told the trooper he got the wrong vehicle,, naturally he didn't want to hear it !!! 2 years later i got my $37.25 back in the mail along with an apology letter from the state of florida,, stating the records were being corrected to reflect my driving history.. fat lot of good it did for my increased insurance premiums for those 2 years !!!>>>yathink